~Upreme ~Ourt ;Fflanila

~epublic of tbe .tlbtlipptne~ ~upreme ~ourt ;fflanila THIRD DIVISION NOTICE Sirs/Mesdames: Please take notice that the Court, Third Division, issued a Resolution dated September 7, 2020, which reads as follows: "G.R. No. 234688 - (PEOPLE OF THE PHILIPPINES, plaintiff appellee v. JERRY MANGYAO ENOCERTA, accused-appellant; ESPEDITA SEDILLO ENOCERTA, JIMMY MANGYAO ENOCERTA AND MICHAEL GARSULA, accused). - This is an appeal by Jerry Mangyao Enocerta (accused-appellant) from the Decision1 dated May 25, 2017 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01894, which affirmed with modification the Decision2 dated July 25, 2014 of the Regional Trial Court (RTC) of Dumaguete City, Branch 39, holding the accused-appellant guilty beyond reasonable doubt of the crime of murder in Criminal Case No. 2012-20914. The Antecedent Facts Accused-appellant 1s the husband of accused Espedita Enocerta (Espedita). Together with their co-accused Jimmy Mangyao Enocerta (Jimmy) and Michael Garsula (Garsula), they were charged with murder in an Information, the accusatory portion of which reads: That on October 20, 2011 , at Sibulan, Negros Oriental, and within the jurisdiction of the Honorable Court, accused, helping and confederating· with each other, with intent to kill, with treachery, aggravated with use of unlicensed firearms, did then and there wilfully, unlawfully and feloniously attack and assault Demetria T. Larena III, by shooting him with the use of unlicensed firearms hitting him on different parts of the body, thus causing his death, to the damage and prejudice of the heirs of said victim. Rollo, pp. 4-30; penned by Associate Justice Pablito A. Perez, with Associate Justices Pamela Ann Abella Maxino and Gabriel T. Robeniol, concurring. CA rollo, pp.48-81 ; rendered by Presiding Judge Arlene Catherine A. Dato. 0A - over- (148) Resolution - 2 - G.R. No. 234688 September 7, 2020 Contrary to Article 248, Revised Penal Code.3 Only the accused-appellant and Espedita were arrested while Jimmy and Garsula remained at large.4 During their arraignment, the accused appellant and Espedita pleaded not guilty to the charge against them. 5 Version of the Prosecution On October 20, 2011, at around 7:00 a.m., prosecution witness Ramil T. Dongcoy (Dongcoy) went to a beach house in Sibulan, where the accused-appellant and Espedita were working as caretakers. Dongcoy came to visit his girlfriend who is Espedita's cousin. In Dongcoy's conversation with the accused-appellant, the latter confided that Espedita was having an affair with Demetrio Larena III (Larena), the owner of the beach house.6 The accused-appellant then asked Dongcoy if he could pick up Espedita at a waiting shed along the national highway in Sibulan. Dongcoy agreed and rode his motorcycle to the location. As Dongcoy approached the spot, he saw the accused Jimmy shove Espedita to the side and began firing a handgun on the right side of a red Pajero that was parked in front of the waiting shed. Simultaneously, Garsula rushed to the driver's side of the vehicle and shot the driver.7 Disconcerted with what he saw, Dongcoy turned around and went to Camp Leon Kilat Army Brigade where he was assigned as a Citizen Anned Forces Geographical Unit member. Later, he received a call from the accused-appellant who said that Larena was dead. 8 Meanwhile, PO3 Crisanto Garet, Jr. and POI Angelo Yabres were aboard a bus traversing the highway when they heard the sound of gunshots. They alighted from the bus and exchanged fire with Jimmy and Garsula. However, the two gunmen quickly boarded a motorcycle and fled the scene.9 When Larena's remains were brought to the funeral home, his cellular phone which was in his pocket was turned over to the National Bureau of Investigation (NBI) as evidence. Upon checking the text messages in the cellular phone, they discovered that in the morning of October 20, 2011, Larena received a series of text messages from one "Cangmating Espi", which reads: Id. at 12. 4 Rollo, p. 6. 5 Id. at 12. 6 Id. at 6-7. 7 Id. at 7. 8 Id. 9 CA ro/lo, p. 114. &4 - over- (148) Resolution - 3 - G.R. No. 234688 September 7, 2020 Dre Jud ko kuhaa sa mai eskwelahan sa Magsaysay kay wala taga cangmatiing kaau w8ing shed sa Magsaysay hult q."(You pick me up at the school in Magsaysay because there are only few who are from Cangmating there. I'll be waiting for you at the waiting shed at Magsaysay)- sent at 8:33 in the morning Anha ra ko eskwelehan hulat." (I will wait for you at the vicinity of the school- sent at 8:40 in the morning Naa ko gahulat sa waiting shed unahan sa eskwelahan sa Magsaysay crossing." (I am waiting at the waiting shed beyond Magsaysay school crossing)- sent at 8:50 in the morning10 According to Larena's family, they believe that "Cangmating Espi" was the accused Espedita. Relying on this information, the NBI team, accompanied by Larena's son, went to the beach house where they came upon the accused-appellant and his wife, Espedita. Larena's son observed that Espedita appeared to be uneasy so he followed her when she went to the bedroom. He saw her trying to conceal a pink cellular phone in a box. He asked her to step aside and retrieved the cellular phone. When he checked the sent messages on the phone, he found these correspond to the messages received in Larena' s phone. The accused-appellant and Espedita were then brought to the NBI' s office for investigation. 11 In the NBI office, Neil Rio and Florence Baesa, broadcasters of DYGB FM and DYEM-FM respectively, were able to interview the accused-appellant. In his interview, the accused-appellant admitted sending text messages to Larena using Espedita's cellular phone to invite him to meet up in the morning of October 20, 2011, whereas Jimmy and Garsula were the ones who actually shot him. 12 A post-mortem examination on Larena's remains revealed that he sustained four gunshot wounds and the cause of his death was hemorrhage due to gunshot wounds on his head. 13 Version ofthe Defense For the defense, there were only two witnesses: Julius Sedillo (Sedillo), Espedita's cousin and accused-appellant himself. 14 Early in the morning of October 20, 2011, Espedita was at the beach property sweeping dried leaves beneath the trees. Afterwards, she ate 10 ld.atll4-115. 11 ld.atl14-116. 12 Id. at 117. 13 Rollo, p. 8. 14 CA rollo, p. 31. &1 - over- (148) Resolution - 4 - G.R. No. 234688 September 7, 2020 breakfast with Sedillo and then went on with her chores. She stayed at the beach house and did not leave the entire morning. 15 The accused-appellant was also at the beach house that morning when Dongcoy visited to ask the whereabouts of Espedita's cousin. However, the accused-appellant told him that Espedita's cousin no longer stayed there. Eventually, Dongcoy left. The accused-appellant took a nap after taking his breakfast. At around 2:00 in the afternoon, Larena's driver dropped by to look for Larena. When the accused-appellant told him that he has not seen Larena since May 14, 2011 , the driver left the compound. According to the accused-appellant, he merely learned of Larena's death from the news in the television. 16 At 7 :30 in the evening, officers from the NBI arrived at the beach house. Special Inspector (SI) Nicanor Tagle went inside the accused appellant's room and conducted a search. When SI Tagle came out, he was already holding a pink cellular phone and asked the accused-appellant to surrender its SIM card. However, the accused-appellant denied owning the cellular phone. Hearing this, one of the NBI agents took out a SIM card from his own pocket and placed it inside the cellular phone.17 On cross examination, the accused-appellant admitted that Espedita's cousin told him of Larena's affair with his wife but Espedita had denied the same. He claimed that he disclosed this matter to his brother Jimmy. Because of the affair, he harboured ill-feelings against Larena and even thought of resigning as caretaker. 18 The RTC Ruling On July 25, 2014, the RTC rendered a Decision19 finding the accused appellant guilty beyond reasonable doubt of the crime of murder. The RTC ruled that although there was no direct evidence against the accused appellant, the confluence of circumstances comprises the chain of circumstantial evidence against him and his cohorts.20 The RTC concluded that the accused-appellant was a principal by indispensable cooperation inasmuch as he conspired and cooperated in the criminal resolution to kill Larena. He was the one who sent the messages to Larena as bait for the latter to go to the meeting place so that Jimmy and Garsula could consummate is Id. 16 Id. at 32. 17 Id. at 32-33. 18 Rollo, p. 14. 19 CA ro/lo, pp. 48-81. 20 Id. at 73. ~ - over- (148) Resolution - 5 - G.R. No. 234688 September 7, 2020 their pre-arranged plan to kill him. It is clear that the accused-appellant performed acts indispensable to the commission of the murder.21 As for Espedita, she was adjudged liable as an accomplice given that: first, she knew of her husband's intention to have Larena killed when their co-accused Jimmy and Garsula went to the beach house for final preparations; second, Espedita was seen at the crime scene with Jimmy and Garsula; and last, she tried to hide the cellular phone that her husband used in luring Larena to the vicinity through text messages.22 The RTC also found that treachery attended the commission of the crime since the attack was deliberate and sudden.

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